Madras High Court
A.P.Komathi vs The District Collector – Thiruvallur on 7 September, 2022
Author: T.Raja
Bench: T.Raja, P.D.Audikesavalu
W.P.No.23857 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 07.09.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.23857 of 2022 and W.M.P. Nos.22848 and 22853 of 2022
A.P.Komathi ... Petitioner
vs
1.The District Collector – Thiruvallur,
Thiruvallur District,
Tamilnadu – 631 206.
2.The Revenue Divisional Officer,
Thirutani,
Thiruvallur District,
Tamilnadu.
3.The Tahsildar-Pallipattu,
Pallipattu Taluk,
Thiruvallur District, Tamilnadu. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to
issue a writ of Certiorarified Mandamus by calling for the records of
the online response impugned order passed by the second respondent
on 17.08.2019 in ref. No.2019/9005/01/049711/0612 dated
12.06.2019 in the petition processing portal – Pallipattu Taluk Office
and quash the same and direct the second respondent to grant “Konda
Reddis” - Scheduled Tribe community Certificate to petitioner herein.
For Petitioner : Mr.R.Ganesh Ram
For Respondents : Mr.V.Manoharan,
Additional Government Pleader
https://www.mhc.tn.gov.in/judis
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W.P.No.23857 of 2022
ORDER
[Order of this Court delivered by T.RAJA, J.] This writ petition has been filed by the petitioner challenging the the online response impugned order passed by the second respondent on 17.08.2019 in Ref. No.2019/9005/01/049711/0612 dated 12.06.2019 in the petition processing portal – Pallipattu Taluk Office and seeking a direction to the second respondent to grant her “Konda Reddis” - Scheduled Tribe community Certificate.
2.When the matter is taken up for hearing, learned Additional Government Pleader appearing for the respondents, placing objection with regard to the maintainability of the writ petition and urging this Court to dismiss this writ petition, submitted that since the effective statutory remedy is available to the petitioner before the District Collector, as per G.O. (Ms) No.147 Revenue [RA-3(2)] Department dated 17.03.2016, the petitioner has to work out her remedy by filing an Appeal before the District Collector in the manner known to law. Learned Additional Government Pleader also produced a copy of the order dated 26.07.2022 passed by us in W.P. No.5684 of 2020 in the case of P.Siva vs. The Revenue Divisional Officer, Harur, Dharmapuri District, wherein we directed the petitioner therein to approach the District Collector, Dharmapuri District within a period of two weeks, while observing that against the order passed by the Revenue https://www.mhc.tn.gov.in/judis 2/6 W.P.No.23857 of 2022 Divisional Officer, an appeal will lie before the District Collector.
3.Learned counsel appearing for the petitioner submitted that since the petitioner has been pursuing her studies, the community certificate is necessary for the purpose of Scholarship and other benefits.
4.In this regard, it is relevant to extract paragraph 4 of the order dated 26.07.2022 passed by us in W.P. No.5684 of 2020 as under:
'4.Since a perusal of the Government Order in G.O. (Ms) No.147, Revenue [RA-3(2)] Department dated 17.03.2016 shows that against the order passed by the Revenue Divisional Officer, an appeal will lie before the District Collector, we hereby direct the petitioner to approach the District Collector, Dharmapuri District, within two weeks from the date of receipt of a copy of this order and on receipt of any such appeal preferred by the petitioner herein, the District Collector shall consider the request of the petitioner and dispose of the same on merits and in accordance with law, within a period of four weeks thereafter.'
5.A perusal of the order dated 26.07.2022 passed by us in W.P. No.5684 of 2020 would show that as against the order passed by the https://www.mhc.tn.gov.in/judis 3/6 W.P.No.23857 of 2022 Revenue Divisional Officer, an appeal remedy will lie before the District Collector.
6.Since the alternative and effective appeal remedy lies before the District Collector, we are not inclined to entertain this petition. If the petitioner aggrieved by the order passed by the Revenue Divisional Officer, she can very well approach the Statutory Appellate Authority, namely, District Collector as per the G.O. (Ms.) No.147, Revenue [RA-3(2)] Department dated 17.03.2016, which says that against the order passed by the Revenue Divisional Officer, an appeal will lie before the District Collector.
7.With the above observation, this writ petition stands disposed of. Consequently, connected W.M.Ps stand closed. No costs.
[T.R.,J.] [P.D.A.,J.]
07.09.2022
vga
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W.P.No.23857 of 2022
To
1.The District Collector – Thiruvallur, Thiruvallur District, Tamilnadu – 631 206.
2.The Revenue Divisional Officer, Thirutani, Thiruvallur District, Tamilnadu.
3.The Tahsildar-Pallipattu, Pallipattu Taluk, Thiruvallur District, Tamilnadu.
https://www.mhc.tn.gov.in/judis 5/6 W.P.No.23857 of 2022 T.RAJA,J.
and P.D.AUDIKESAVALU,J.
vga W.P.No.23857 of 2022 and W.M.P. Nos.22848 and 22853 of 2022 07.09.2022 https://www.mhc.tn.gov.in/judis 6/6